Transfer of Housing Credits Under the Hands in Bank BTN Padang Branch

Abstract

Housing development is very important for the welfare of the people considering the number of people who tend to increase every year and this will lead to high demand for good and decent dwelling. In this regard, the Government has attempted through the law instruments with the enactment of Law Number 4 of 1992 concerning Housing and Settlements which, among others, in Article 33 paragraph (1) and paragraph (2) are mentioned to provide financial aid / or convenience to the community build their own homes or have a home government make efforts with housing loans. Housing Loans (KPR) as one form of credit has been given by many private banks and government. The State Savings Bank (BTN) is one of the most well-known banks in the community as a leading bank in the provision of housing loans. This is in line with the vision of the State Savings Bank (BTN) to become a leading bank in housing finance. In this study the authors find the formulation of the problem as follows: 1) How the process of transfer of ownership of the house in the repayment of KPR under the hands of the State Savings Bank (BTN) branches of padang? 2) Why the sale and purchase of housing and land KPR BTN under the hand? 3) What is the legal protection for a third party in the event of the transfer of ownership of the house in the settlement of KPR under the hand? This study uses a kind of empirical juridical research. The authors based on the results of the study found: 1) In practice based on observations and interviews of owners of KPR BTN who had done over credit and home buyers, it can be seen that the parties only make agreements under the hand, the way is a form of legal smuggling and still do not have legal certainty 2) Economic factors are very dominant in influencing the occurrence of buying and selling houses and land under the hands, bad faith, ignorance of the community will the law 3) Sale and purchase of houses and land KPR BTN under the hands of the huum considered not transferred the right to house and land. The transfer of rights to the house and land by law only occurs when the sale and purchase of the act has been made with the PPAT deed and then there is the name of the certificate back on behalf of the buyer.